Penalty Charge Notice Query

[Vid]

Hi, I've got 3 PCNs code 27(Parked in a special enforcement area adjacent to a footway, cycle track or verge lowred to meet the level of the carriageway) to pay! Inside the Hamsted Heath Park (no signs at all)

The council refused my challenge, saying that "No signage is required for a dropped kerb contravention". Ok.. But I'm wondering if issued 1 PCN per day until I removed the car was Legal?? Or they must apply 1 ticket, then clamp, then remove the vehicle?? I hope you can help me with this mather. Thanks

[petercook7]

Today to my surprise I received a penalty notice for £130 for my car being in a bus lane, it took me a while to remember the alleged violation as it happened less than 2 weeks ago but luckily I had passengers in the car who refreshed my memory.

Basically I was driving on a single carriageway with 3 lanes heading in one direction, I was initially in the middle lane but was forced to move into the bus lane on my left because of an incoming ambulance with lights flashing.

For some reason the ambulance driver didn't want to go into the bus lane even though it was clear of traffic so I had move accordingly to make way.

After the ambulance cleared I tried to get back on to the middle lane immediately but was delayed momentarily due to incoming traffic from behind.

I rang up my local council to offer this explanation but they insisted on sending me photos of "video evidence" for me to scrutinise before proceeding further with my appeal.

I'm just wondering if it's worth me pursuing because I'm usually sceptical of my local council's motives as I fear the photos won't provide an objective context for me pulling over into the bus lane.

I could just pay the fine within the next 2 weeks so it'll be reduced to £65 to just save myself the hassle but at the same time I feel I was acting responsibly by not impeding the emergency services safely and being unfairly punished for doing so .

Any advice would be welcome.

Penality fines are illegal, fines can only be imposed by a court, think it was common law. There are ways to get out of fines search the net for the answer, something to do with no contract between you and the council and that you are not the owner of the car the DVLA is.

[dave87]

Penality fines are illegal, fines can only be imposed by a court, think it was common law. There are ways to get out of fines search the net for the answer, something to do with no contract between you and the council and that you are not the owner of the car the DVLA is.

Except they aren't.

Local government will have statutory authority to issue the fines. Which statutory authority they use is dependent on what offence they are alleging you committed.


Parking Charge Notices (which are private parking companies dressing up their invoices as Council issued Penalty Charge Notices) are based on the doctrine of privity of contract - so only the contracting parties are bound. As you need to prove who the contracting parties are to get the contract enforced (amongst other things, but this is the first hurdle) the contract is unenforceable in most cases, hence so few being pursued.

Council issued Penalty Charge Notices and some private parking charges issued in special circumstances (e.g. Railway car parks) have a different legal standing. Either way, what you are describing doesn't apply to the situation e-LAN-go describes in his OP.

[KeyboardDemon]

I can't offer any advise but have a related story.

My cousin used to live on a busy main road where he had a Bus Lane in front of his house. To park or leave the house he would have to cross the Bus Lane. My wife and I got a notice for her leaving his house and 'driving' in the bus lane, when we got the pictures we could see the first was taken as she was about to leave the dropped kerb to drive across the bus lane and the second was with 3/4 of the car in the bus lane and the nose poking out into the normal lane. In the end she paid but I would have gone for the appeal, she just got scared by the fine being doubled if it wasn't paid within 14 days.

[HalloweenJack]

http://www.direct.gov.uk/en/HomeAndC...ng/DG_10024872

In London and many areas in England local councils have the power to enforce parking restrictions. The council can issue a penalty charge notice (PCN) for a parking offence.

In areas where the local council does not have civil parking enforcement powers, parking is a criminal matter. The police can issue a fixed penalty notice (FPN) for a parking offence and FPNs may be challenged in a magistrate’s court.

again dont listen to posters who have no clue on what they are babbling on about - you recieved a PCN , not one of the private parking company invoices.

[petercook7]

http://www.direct.gov.uk/en/HomeAndC...ng/DG_10024872



again dont listen to posters who have no clue on what they are babbling on about - you recieved a PCN , not one of the private parking company invoices.

Bill of Rights Act 1689

Proforma Letter - amend as necessary

Chief Executive [Address of Local Authority]

Dear [name],

Please find enclosed a copy of Parking Ticket [insert reference number] which I received on [date]. It was issued by [name of company issuing ticket] on behalf of [Local Authority] and is attempting to impose a 'Penalty Charge' of £XX (reduced to £XX if paid within XX days).

Upon checking the legislation, I was surprised to find that [Local Authority], or its agents, appear to be attempting to extort money from me in an unlawful manner. Please find enclosed an extract of the Bill of Rights Act 1689, enacted and formally entered into Statute following the Declaration of Rights 1689. I draw your attention to the section that I have highlighted:

"That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void".

This states that a conviction is necessary before a fine or forfeit can be imposed. As you will be aware, the Bill of Rights is a "constitutional statue" and may not be repealed impliedly. As stated in the "Metric Martyrs" Judgment in the Divisional Court (18th February 2002) by Lord Justice Laws and Mr Justice Crane (I will paraphrase, but have included a copy of the judgment's relevant sections 62 and 63):

62."We should recognise a hierarchy of Acts of Parliament: as it were 'ordinary' statutes and 'constitutional statutes.' The special status of constitutional statutes follows the special status of constitutional rights. Examples are the ... Bill of Rights 1689 ... 63. Ordinary statutes may be impliedly repealed. Constitutional statutes may not…"


I am not aware that the [insert name of relevant Act or Acts e.g. Road Traffic Act 1991, Road Traffic Act 1994, London Local Government Act 2000, etc] makes express reference to repealing the Bill of Rights Act 1689.

Therefore, it would appear that [Local Authority] and its agents have no lawful authority to demand money for an alleged infringement that has not been dealt with by a Court of Law. If you wish to proceed against me, please refer the matter to a Court of Law in an orderly fashion. Otherwise, the forfeit demanded of me is illegal and void.

Please also confirm to me in writing that you have advised the relevant officers of the Council and its agents that they are acting illegally by attempting to claim powers which are forbidden to them, and that all issuing of penalties is being done only after conviction by a Court of Law.

Yours sincerely, etc

ENCLOSURES
1. Photocopy of Penalty Charge Notice
2. Extract of the Bill of Rights Act 1689
3. Extract of Metric Martyrs Judgment, sections 62 and 63.

DVLA registration Document you are merely the keeper of the vehicle and if they wish to pursue the matter they will need to reissue the documents to the owner. Also DO NOT complete, sign and return the Council’s dispute form. This is a trap!!

[dave87]

I'm guessing you are referring to the following:

Grants of forfeiture.—That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void.

Bill of Rights 1688.


If so, good luck


Doctrine of Implied Repeal and Thoburn v City of Sunderland [2002] EWHC 195

Quote from Lord Justice Laws in Thoburn v City of Sunderland

For the repeal of a constitutional Act or the abrogation of a fundamental right to be effected by statute, the court would apply this test: is it shown that the legislature's actual - not imputed, constructed or presumed - intention was to affect the repeal or abrogation? I think the test could only be met by express words in the later statute, or by words so specific that the inference of an actual determination to the effect of the result contended for was irresistible.

Parliament legislating the ability to fine would arguably fall under the latter category.

[HalloweenJack]

do you honestly know how many times the bill of rights act has been used for legal defence ( for a parking ticket) in the last 100 years? really?

quite simply if you were parked in a no parking area (clearly marked and signed) you have little chance of appealing successfully - all the ` dont pay for anything` websites all neglect to mention the small details; you have photo`s allready yes? oh wait you dont then the burden of proof is yours.


bring back traffic wardens - they issued FPN`s and negated all of these website arguements (FPN are criminal law)